§ 40.1-5-3 - General powers and duties of state department of mental health, retardation, and hospitals.
SECTION 40.1-5-3
§ 40.1-5-3 General powers and duties ofstate department of mental health, retardation, and hospitals. – (a) The state department of mental health, retardation, and hospitals ischarged with the execution of the laws relating to the admission and custody ofthe mentally disabled.
(b) Under the direction of the state director of mentalhealth, retardation, and hospitals, he or she, or one or more of his or herassistants or representatives so designated, shall visit the several facilitiesin the department and such others as are approved to function under thischapter for the purpose of determining whether the provisions of this chapterrelating to custody and admission of mentally disabled persons are beingcomplied with. For such purposes, the director is empowered to subpoenawitnesses, compel their attendance, administer oaths to witnesses, examinewitnesses under oath, and require the production of any books, documents,papers, or records deemed relevant to the inquiry of investigation. A subpoenaissued under this section shall be regulated by the civil practice laws andrules.
(c) In licensing, regulating, inspecting, and investigatingfacilities as defined in this chapter pursuant to the provisions of chapter 16of title 23, the department of health shall engage independent qualifiedexperts in mental health treatment and in the administration of mental healthfacilities, and shall license only facilities accredited in accordance with thejoint commission on accreditation of hospitals standards for psychiatricfacilities and which continue to meet such standards.
(d) Under the direction of the state director of mentalhealth, retardation, and hospitals, the state department of mental health,retardation, and hospitals may:
(1) Examine all facilities, public and private, authorized bylaw to receive, admit, educate and care for the mentally disabled; and
(2) Inquire into their methods of government and themanagement of all persons therein; and
(3) Examine into the condition of all buildings, grounds, andother property connected with such facility, and into all matters relating toits management.
(e) For the purposes set forth under subsection (d), thedirector may:
(1) Have free access to the grounds, buildings, and all booksand records relating to any facility; and
(2) Be entitled to receive from all persons connected in anyway with the facility, such information and assistance for any examination orinquiry as the director may require.
(f) The director may, by order, appoint a competent person toexamine the books and papers and also the general condition and management ofany facility to the extent deemed necessary and specified in the order.
(g) The director may adopt such rules and regulationsgoverning the management of facilities, both public and private, as he or shemay deem necessary to carry out the provisions of this chapter to insure thecomfort and promote the welfare of the patients.